Westinghouse Electric & Manufacturing Co.

National Labor Relations Board - Board Decisions

Mar 6, 1942

39 N.L.R.B. 553 (N.L.R.B. 1942)

In the Matter Of WESTINGHOUSE ELECTRIC & MANUFACTURING
COMPANY and INTERNATIONAL ASSOCIATION OF MACHINISTS,
LOCAL 804, (A. F. of L.)
Case No: R-3286
SUPPLEMENTAL DECISION
AND
CERTIFICATION OF REPRESENTATIVES
March 6, 1942
On January 17, 1942, the National Labor Relations Board issued
a Decision and Direction of Election in the above-entitled proceeding.'
Pursuant to the Direction of Election, an election by secret ballot
was conducted on February 5, 1942, under the direction and super-
vision of the Regional Director for the Eighth Region (Cleveland,
Ohio). On February 6, 1942, the Regional Director, acting pursuant
to Article III, Section 9, of National Labor Relations Board Rules
and Regulations-Series 2, as amended, issued an Election Report,
copies of which were duly served upon the parties.
As to the balloting and its results, the Regional Director reported
as follows:
Total on eligibility list-- --------------------------------- 897
Total ballots cast---------------------------------------- 714
Total ballots challenged---------------------------------- 15
Total blank ballots------- ------------------------------- 2
Total void ballots--------------------------------------- 6
Total valid votes counted ---------------------------------• 691
Votes cast for International Association of Machinists, Local
804 (AFL)-------------------------------------------- 355
Votes cast against International Association of Machinists,
Local 804,(AFL)------------ --------------------------- 336
Since the challenged ballots cannot affect the result of the election we
find it unnecessary to pass upon them.
On February 6, 1942, United Electrical, Radio & Machine Workers
of America, affiliated with the C. I. 0., herein called the U. E. R. M.,
filed a protest concerning the conduct of the election. On February
19, 1942, the Regional Director issued a Report, on the Protest to
138N.L R. B .. No 81.
39 N. L. R. B., No. 96.
553
554 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Conduct of Election, wherein he recommended that the protest be
overruled and denied. On February 27, 1942, the U. E. R. M. moved
that the Regional Director's Report on the Protest to Conduct of
Election be disregarded and that a hearing on the protest be directed.
A brief setting forth certain objections to the conduct of the election
and requesting that a new election, wherein the U. E. R. M. would
be afforded a place on the ballot, be directed,2 was filed with the
motion.
We have considered the protest of the U. E. R. M., the Regional
Director's Report thereon, and the brief filed by the U. E. R. M. in
support of its motion for a hearing on its objections to the conduct of
the election, and find that no substantial or material issues with
respect to the conduct of the election have been raised thereby. Ac-
cordingly, we hereby overrule the protest and deny the motion for
hearing thereon, and affirm the rulings, findings, and recommenda-
tions of the Regional Director in his Election Report and Report on
the Protest to Conduct of Election.
By virtue of and pursuant to the power vested in the National Labor
Relations Board by Section 9 (c) of the National Labor Relations
Act, 49 Stat. 449, and pursuant to Article III, Sections 8 and 9, of
National Labor Relations Board Rules and Regulations-Series 2, as
amended,
IT IS HEREBY CERTIFIED that International Association of Machin-
ists, Local 804, affiliated with the A. F. of L., has been designated and
selected by a majority of all production and maintenance employees,
including instructors, employed by Westinghouse Electric & Manu-
facturing Company, Pittsburgh, Pennsylvania, at the Canton, Ohio,
plant operated by it, but excluding supervisory, clerical, and power-
house employees, outside truck drivers, watchmen, guards, and drafts-
men, as their representative for the purposes of collective bargaining,
and that, pursuant to the provisions of Section 9 (a) of the National
Labor Relations Act, International Association of Machinists, Local
804, affiliated with the A. F. of L., is the exclusive representative of all
such employees for the purposes of collective bargaining with respect
to rates of pay, wages, hours of employment, and other conditions of
employment.
2 In the Decision, above referred to, the U E R M was denied a place on the ballot in the election herein
for the reason that it introduced no evidence at the hearing to show that it represented any of the employees
at the Canton plant In the Decision the Board expressly provided , however, that it would "entertain
a new petition for an investigation and certification of representatives at any time following issuance of
any certification in this proceeding , provided we are satisfied , under all the circumstances then shown
(including proof that there has been a substantial increase in the number of employees at the Canton plant
and that the petitioner represents a substantial number of employees ), that a question concerning repre-
sentation affecting commerce has arisen "